Child custody: child sexual abuse.

Existing law requires the court to refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California. For purposes of this provision, immediate harm to the child includes, but is not limited to, having a parent who has committed acts of domestic violence, or the sexual abuse of the child, where the court determines that the acts of domestic violence or of sexual abuse are of recent origin or are a part of a demonstrated and continuing pattern of those respective acts. This bill would revise that provision to prohibit the court from making, rather than refrain from making, that order. The bill would also prohibit, unless there is a showing of immediate danger to the health and safety of the child or immediate risk that the child will be removed from the State of California, a court from granting a request to modify a child custody order on an ex parte basis if there is a finding that there has been sexual abuse of, or domestic violence against, the child, if the court determines that the act of sexual abuse or domestic violence is of recent origin, or part of a demonstrated and continuing or escalating pattern of acts of sexual abuse of, or domestic violence against, the child, and if the request for modification of the custody order is made by a person who is alleged to have perpetrated a recent act or a pattern of acts of sexual abuse of, or domestic violence against, the child and it is alleged that the person is seeking the modification in order to gain greater access to the child. Under those circumstances, a hearing regarding modification of the custody order would be conducted in open court. The bill would make a related change. The bill would also define "recent origin," for purposes of these provisions, to apply to acts occurring within the previous 5 years.